Immigration Law Makes Getting into the United States the Hardest Part

Immigration law is confusing at its best and ridiculously complex at its worst. However, if you are planning on coming to the United States as a temporary worker, you will need to apply for a nonimmigrant visa. Rather than run the risk of applying for the wrong category or trying to work without getting a visa at all, it's best to consult with attorneys who know what they are doing. Highly trained in the complexities of immigration law, they will be able to help you through the application process. Even if you think you have a passing understanding of what is involved in the application procedure, an attorney can handle the details of each category for you.

If you are applying for work as a temporary worker, you would be applying for an H-1B1 visa. There are some requirements you must meet to be issued with one of these visas. For instance, this category of visa is attainable by foreign nationals who hold a minimum of a Bachelor’s Degree (or an equivalent) who would be employed in a specialty occupation that requires the degree. Employment is specific to a named employer and your firm's HR department must file attestations to the US Department of Labor saying, among other things, that you are getting the proper salary for the position. You can stay in the US for six years in this classification.

With regard to those who need training in the US, an H-3 trainee visa can be obtained so long as the training isn't meant to provide employment in the US. You can remain in the US for two years in this category.

If you're facing a situation where you've been transferred from one company location outside of the US to another within the borders of the US, then you need to apply for an L-1A/L-1B intracompany transferees visa. This is only applicable if you have worked for the company for at least one year in the three years immediately before filing your application. The L-1A is for managers/executive, allowing up to seven years in the US, and the L-1B is for employees with specialized knowledge who can remain in the US for 5 years.

Sally Odell - Rifkin & Fox-Isicoff, PA is an immigration lawyer in Miami with immigration law offices in Orlando and Miami Florida. To learn more, visit http://www.rifkinandfoxisicoff.com.